Ala. Code §§ 35-9A-101 to 35-9A-603 § 35-9A-423
Remedies for Absence, Nonuse, and Abandonment.
Operative Text
(a) If a rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of 14 days pursuant to Section 35-9A-304 and the tenant willfully fails to do so, the landlord may recover actual damages from the tenant. (b) During any absence of a tenant in excess of 14 days, the landlord may enter the dwelling unit at times reasonably necessary. (c) If a tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it at a fair rental. But such duty shall not take priority over the landlord’s right to first rent other vacant units. If the landlord rents the dwelling unit for a term beginning before the expiration of the rental agreement, it terminates as of the date of the new tenancy. If the tenancy is from month-to-month or week-to-week, the term of the rental agreement for this purpose is deemed to be a month or a week, as the case may be. (d) If a tenant leaves property in the unit more than 14 days after termination pursuant to this chapter, the landlord has no duty to store or protect the tenant’s property in the unit and may dispose of it without obligation. (e) In addition to any other means by which a landlord determines that a property has been abandoned by the tenant, a property shall be considered abandoned if the electric service to the property has been terminated for seven consecutive days.
Alabama Code § 35-9A-423 addresses what happens when a tenant is absent for an extended period or abandons a rental unit. If a tenant leaves without giving required advance notice of an absence longer than 14 days, the landlord may seek actual damages. When a unit is abandoned, the landlord must make reasonable efforts to re-rent it at a fair market rate, though this obligation does not override the landlord's right to fill other vacant units first. Property left behind more than 14 days after the tenancy ends may be disposed of by the landlord without any storage obligation, and a unit can be deemed abandoned if electric service has been off for seven consecutive days.
Plain English — not legal advice.
Under § 35-9A-423, compliant operators generally document tenant absences and any failure to provide required notice, as actual damages may be recoverable in such cases. During an absence exceeding 14 days, landlords are permitted to enter the unit at reasonably necessary times, and operators typically keep records of such entries. When a unit appears abandoned—including situations where electric service has been terminated for seven consecutive days—landlords generally make documented, good-faith efforts to re-rent at a fair rental rate, prioritizing their existing vacant inventory as the statute allows.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 35-9A-423 establishes that tenants who are required by their rental agreement to notify the landlord of absences longer than 14 days should be aware that failing to do so can expose them to a claim for actual damages. Tenants whose belongings remain in a unit after the tenancy has ended have a limited window—14 days—before the landlord may dispose of those items without obligation. Tenants who believe a landlord has improperly entered a unit, disposed of property, or mischaracterized a unit as abandoned may wish to consult a tenant-rights organization or legal aid service familiar with Alabama landlord-tenant law for information about available remedies.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation